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Motion In Limine to Exclude Breathalyzer Results for Failure to...

North Carolina Motion In Limine to Exclude Breathalyzer Results for Failure to Follow Observation Protocols - DUI

Category:

Civil Actions - Driving under the Influence

State:

Multi-State

Control #:

US-02205BG

Format:

Instant download

Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.

Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In North Carolina, it is illegal to drive a vehicle while noticeably impaired or with an alcohol concentration of 0.08 or higher. When driving a commercial motor vehicle, the limit is 0.04.

The results of an evidential breathalyzer test are admissible in court. Despite it being within your rights to refuse a breathalyzer, there are consequences for doing so. Your driver's license will be immediately suspended without the possibility of reversal.

Yes, you can refuse to provide a sample of your breath into the AlcoSensor. There is no consequence to your driver's license in North Carolina for refusing to blow into the roadside machine, other than the possibility, if not likelihood, of getting arrested for DUI. Should you Blow or Refuse? - Fanney Law Office fanneylaw.com ? blog ? should-you-blow-o... fanneylaw.com ? blog ? should-you-blow-o...

Refusing a Breathalyzer Test However, doing so is not without consequences, as refusal of chemical testing is a violation of implied consent laws. The driver will face an immediate revocation of his or her license of up to a year, or possibly longer.

(1) You have been charged with an implied-consent offense. Under the implied-consent law, you can refuse any test, but your drivers license will be revoked for one year and could be revoked for a longer period of time under certain circumstances, and an officer can compel you to be tested under other laws.